Legislature(2017 - 2018)

2018-05-02 Senate Journal

Full Journal pdf

2018-05-02                     Senate Journal                      Page 2921
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                            THIRTIETH LEGISLATURE                                                                            
                                                                                                                                
                                SECOND SESSION                                                                               
                                                                                                                                
Juneau, Alaska Wednesday May 2, 2018                                                                                          
                                                                                                                                
                           One Hundred Seventh Day                                                                           
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Kelly at 11:12 a.m.                                                                                                             
                                                                                                                                
The roll showed nineteen members present. Senator MacKinnon was                                                                 
absent.                                                                                                                         
                                                                                                                                
Senator Micciche moved and asked unanimous consent Senator                                                                      
MacKinnon be excused from a call of the Senate today. Without                                                                   
objection, Senator MacKinnon was excused.                                                                                       
                                                                                                                                
The prayer was offered by the Chaplain, Senator Olson. Senator                                                                  
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
          Heavenly Father, we come before you today to seek                                                                     
          Your direction, wisdom, and guidance.                                                                                 
                                                                                                                                
          Let the words of my mouth, and the meditation of my                                                                   
          heart, be acceptable in thy sight, O Lord, my strength,                                                               
          and my redeemer.                                                                                                      
                                                                                                                                
          Search us, oh God, and know our hearts today. Try us                                                                  
          and show us how we can further your kingdom.                                                                          
          Guide our thoughts to that which is good for Alaska.                                                                  
                                                                                                                                
          Bless these men and women who have been sent here                                                                     
          by the people of Alaska and who have been ordained                                                                    
          by You to govern this great state.                                                                                    
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2922
          Please grant us Your wisdom to rule, and may our                                                                      
          decisions follow Your will and not our own.                                                                           
                                                                                                                                
          Heavenly Father, I ask this in the name of your son,                                                                  
                  the living savior, Jesus Christ.    Amen.                                                                    
                                                                                                                                
Senator Costello led the Senate in the Pledge of Allegiance.                                                                    
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Micciche moved and asked unanimous consent that the                                                                     
journal for the one hundred sixth legislative day be approved as                                                                
certified by the Secretary. Without objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
SCR 16                                                                                                                        
Message dated May 1 was read stating the House passed and returned:                                                             
                                                                                                                                
          SENATE CONCURRENT RESOLUTION NO. 16                                                                                   
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning House Bill No. 64, relating to the                                                                         
          establishment of the Task Force on Reading                                                                            
          Proficiency and Reading Instruction for All Students                                                                  
          and on the Effects of Dyslexia on Some Students.                                                                      
                                                                                                                                
The resolution was referred to the Secretary for enrollment.                                                                    
                                                                                                                                
SB 126                                                                                                                        
Message dated May 1 was read stating the House passed and returned:                                                             
                                                                                                                                
          SENATE BILL NO. 126 "An Act providing for an                                                                          
          exception to the regulation of the practice of                                                                        
          medicine for a physician who provides medical                                                                         
          services to an athletic team from another state."                                                                     
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2923
SB 165                                                                                                                        
Message dated May 1 was read stating the House passed and returned:                                                             
                                                                                                                                
     SENATE BILL NO. 165 "An Act relating to the Alaska                                                                         
     comprehensive health insurance fund; and providing for an                                                                  
     effective date."                                                                                                           
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
SB 216                                                                                                                        
Message dated May 1 was read stating the House passed and returned:                                                             
                                                                                                                                
     CS FOR SENATE BILL NO. 216(FIN) "An Act relating to                                                                        
     the calculation of state aid for schools that consolidate;                                                                 
     relating to the determination of the number of schools in a                                                                
     district; and providing for an effective date."                                                                            
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
HB 64                                                                                                                         
Message dated May 1 was read stating the House concurred in the                                                                 
Senate amendment to CS FOR HOUSE BILL NO. 64(EDC) "An Act                                                                       
relating to the establishment of the Task Force on Reading Proficiency                                                          
and Reading Instruction for All Students and on the Effects of                                                                  
Dyslexia on Some Students" thus adopting:                                                                                       
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 64(EDC)                                                                                
     "An Act relating to the establishment of the Legislative                                                                   
     Task Force on Reading Proficiency and Dyslexia."                                                                           
     (Title Change SCR 16)                                                                                                      
                                                                                                                                
HB 333                                                                                                                        
Message dated May 1 was read stating the House concurred in the                                                                 
Senate amendment to CS FOR HOUSE BILL NO. 333(CRA) am, thus                                                                     
adopting:                                                                                                                       
                                                                                                                                
     CS FOR HOUSE BILL NO. 333(CRA) am S "An Act                                                                                
     authorizing a municipality to adopt an ordinance                                                                           
     prohibiting certain uses of cellular telephones while driving                                                              
     in school zones or on school property."                                                                                    
                                                                                                                                
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2924
                               Concur Messages                                                                               
                                                                                                                                
SB 92                                                                                                                         
Message dated May 1 was read stating the House passed and returned                                                              
for consideration CS FOR SENATE BILL NO. 92(FIN) am "An Act                                                                     
relating to abandoned and derelict vessels; relating to the registration                                                        
of vessels; relating to certificates of title for vessels; relating to the                                                      
duties of the Department of Administration; relating to the duties of                                                           
the Department of Natural Resources; establishing the derelict vessel                                                           
prevention program; establishing the derelict vessel prevention                                                                 
program fund; relating to the authority of certain persons to enforce                                                           
laws relating to derelict vessels; and providing for an effective date"                                                         
with the following amendment:                                                                                                   
                                                                                                                                
                       HOUSE CS FOR CS FOR SENATE BILL                                                                         
          NO. 92(FIN)                                                                                                           
                                                                                                                                
Senator Micciche moved the Senate concur in the House amendment.                                                                
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendment?" The roll was taken with the following result:                                                                       
                                                                                                                                
HCS CSSB 92(FIN)                                                                                                                
Shall the Senate Concur in the House                                                                                            
Amendment to CSSB 92(FIN) am?     Effective Dates                                                                               
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel,                                                               
Hoffman, Hughes, Kelly, Meyer, Micciche, Olson, Shower, Stedman,                                                                
Stevens, von Imhof, Wielechowski, Wilson                                                                                        
                                                                                                                                
Excused:  MacKinnon                                                                                                             
                                                                                                                                
and so, the Senate concurred in the House amendment, thus adopting                                                              
HOUSE CS FOR CS FOR SENATE BILL NO. 92(FIN) "An Act                                                                             
relating to abandoned and derelict vessels; relating to the registration                                                        
of vessels; relating to certificates of title for vessels; relating to the                                                      
duties of the Department of Administration; relating to the duties of                                                           
the Department of Natural Resources; establishing the derelict vessel                                                           
prevention program; establishing the derelict vessel prevention                                                                 
program fund; relating to the authority of certain persons to enforce                                                           
laws relating to derelict vessels; and providing for an effective date."                                                        
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2925
Senator Micciche moved and asked unanimous consent the vote on                                                                  
concurrence be considered the vote on the effective date clauses.                                                               
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
SB 155                                                                                                                        
Message dated May 1 was read stating the House passed and returned                                                              
for consideration CS FOR SENATE BILL NO. 155(FIN) "An Act                                                                       
relating to the registration and regulation of real estate appraisal                                                            
management companies; relating to the establishment of fees by the                                                              
Department of Commerce, Community, and Economic Development;                                                                    
relating to the Board of Certified Real Estate Appraisers; relating to                                                          
real estate appraisers; and providing for an effective date" with the                                                           
following amendments:                                                                                                           
                                                                                                                                
                       HOUSE CS FOR CS FOR SENATE BILL                                                                         
          NO. 155(L&C) am H                                                                                                     
                                                                                                                                
                                                                                                                                
                                Communications                                                                               
                                                                                                                                
The following reports are on file in the Office of the Secretary of the                                                         
Senate:                                                                                                                         
                                                                                                                                
Department of Revenue                                                                                                           
Child Support Services Division                                                                                                 
Report on Tier 3 Countries Membership in Hague Child Support                                                                    
Convention                                                                                                                      
April 20, 2018                                                                                                                  
in accordance with Chapter 32, SLA 2015                                                                                         
                                                                                                                                
Alaska Gasline Development Corporation                                                                                          
Semi-Monthly Report                                                                                                             
April 30, 2018                                                                                                                  
in accordance with Chapter 14, SLA 2014                                                                                         
                                                                                                                                
                                                                                                                                
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2926
                          Standing Committee Reports                                                                         
                                                                                                                                
SB 193                                                                                                                        
The Finance Committee considered SENATE BILL NO. 193 "An Act                                                                    
requiring the Department of Health and Social Services to apply for a                                                           
waiver to establish work requirements for certain adults who are                                                                
eligible for the state medical assistance program" and recommended                                                              
the adoption of the Health and Social Services Committee Substitute                                                             
offered on page 2409 and further recommended the adoption of the                                                                
following Finance Committee Letter of Intent:                                                                                   
                                                                                                                                
                               Letter of Intent                                                                                
                                                                                                                                
     It is the intent of the Alaska State Legislature that the                                                                  
     Department of Health and Social Services work with the                                                                     
     Department of Labor and Workforce Development to                                                                           
     complete a needs-based analysis on workforce development                                                                   
     and employability of the adults who are eligible for medical                                                               
     assistance under AS 47.07.020, subject to the work                                                                         
     requirement of AS 47.07.036 (enacted by Senate Bill 193),                                                                  
     and currently do not meet the work requirement.                                                                            
                                                                                                                                
     The analysis should identify barriers to employment for this                                                               
     population, existing state programs that could meet the                                                                    
     needs of this population, and any necessary statutory                                                                      
     changes to allow cooperation between departments to utilize                                                                
     existing programs to meet federal standards required by the                                                                
     section 1115 waiver.                                                                                                       
                                                                                                                                
     The goal of this analysis is to further refine cost estimates                                                              
     associated with this legislation and to promote successful                                                                 
     outcomes.                                                                                                                  
                                                                                                                                
Signing do pass: Senator Bishop, Vice Chair; Senators von Imhof,                                                                
Micciche. Signing no recommendation: Senators Stevens, Olson.                                                                   
                                                                                                                                
Fiscal information forthcoming.                                                                                                 
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                

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HB 56                                                                                                                         
The Finance Committee considered HOUSE BILL NO. 56 "An Act                                                                      
relating to limitations on certain commercial fishing loans made by the                                                         
Department of Commerce, Community, and Economic Development."                                                                   
Signing do pass: Senators Hoffman, MacKinnon, Cochairs; Senators                                                                
Bishop, von Imhof, Stevens, Micciche. Signing no recommendation:                                                                
Senator Olson.                                                                                                                  
                                                                                                                                
The following fiscal information was published today:                                                                           
          Fiscal Note No. 2, zero, Department of Commerce, Community                                                           
      and Economic Development                                                                                                  
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 150                                                                                                                        
The Finance Committee considered HOUSE BILL NO. 150 "An Act                                                                     
relating to pay, allowances, and benefits for members of the organized                                                          
militia." Signing do pass: Senators Hoffman, MacKinnon, Cochairs;                                                               
Senators Bishop, von Imhof, Stevens, Micciche. Signing no                                                                       
recommendation: Senator Olson.                                                                                                  
                                                                                                                                
The following previously published fiscal information applies:                                                                  
         Fiscal Note No. 2, indeterminate, Department of Military and                                                          
      Veterans Affairs                                                                                                          
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 151                                                                                                                        
The Finance Committee considered CS FOR HOUSE BILL                                                                              
NO. 151(FIN) "An Act relating to the duties of the Department of                                                                
Health and Social Services; relating to training and workload                                                                   
standards for employees of the Department of Health and Social                                                                  
Services and providing immunity from damages related to those                                                                   
standards; relating to foster care home licensing; relating to civil and                                                        
criminal history background checks for foster care licensing and                                                                
payments; relating to placement of a child in need of aid; relating to                                                          
the rights and responsibilities of foster parents; requiring the                                                                
Department of Health and Social Services to provide information to a                                                            
child or person released from the department's custody; and providing                                                           
for an effective date" and recommended it be replaced with                                                                      
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2928
        SENATE CS FOR CS FOR HOUSE BILL                                                                                         
        NO. 151(FIN) "An Act relating to a special audit;                                                                       
        relating to the duties of the Department of Health and                                                                  
        Social Services; relating to training and workload                                                                      
        standards for employees of the Department of Health                                                                     
        and Social Services and providing immunity from                                                                         
        damages related to those standards; relating to foster                                                                  
        care home licensing; relating to civil and criminal                                                                     
        history background checks for foster care licensing and                                                                 
        payments; relating to placement of a child in need of                                                                   
        aid; relating to the rights and responsibilities of foster                                                              
        parents; relating to completed investigations of reports                                                                
        of harm to a child; requiring the Department of Health                                                                  
        and Social Services to provide information to a child or                                                                
        person released from the department's custody; and                                                                      
           providing for an effective date." (Title Change SCR 21)                                                             
                                                                                                                                
Signing do pass: Senators Hoffman, MacKinnon, Cochairs, Senators                                                                
Bishop, von Imhof, Stevens, Olson. Signing no recommendation:                                                                   
Senator Micciche.                                                                                                               
                                                                                                                                
The following previously published fiscal information applies:                                                                  
         Fiscal Note No. 11, Department of Health and Social Services                                                          
         Fiscal Note No. 12, Department of Health and Social Services                                                          
                                                                                                                                
Fiscal information forthcoming.                                                                                                 
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 217                                                                                                                        
The Finance Committee considered CS FOR HOUSE BILL                                                                              
NO. 217(FIN) "An Act relating to civil liability for risks inherent in                                                          
farm touring; relating to the state and municipal procurement                                                                   
preferences for agricultural products harvested in the state and                                                                
fisheries products harvested or processed in the state; relating to                                                             
merchandise sold and certain fees charged or collected by the                                                                   
Department of Natural Resources; and providing for an effective date."                                                          
Signing do pass: Senators Hoffman, MacKinnon, Cochairs; Senators                                                                
Bishop, von Imhof, Stevens, Olson, Micciche.                                                                                    
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2929
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 3, Department of Natural Resources                                                                         
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 219                                                                                                                        
The Finance Committee considered CS FOR HOUSE BILL                                                                              
NO. 219(JUD) "An Act relating to background investigation                                                                       
requirements for state employees whose job duties require access to                                                             
certain federal tax information; relating to current or prospective                                                             
contractors with the state with access to certain federal tax                                                                   
information; establishing state personnel procedures required for                                                               
employee access to certain federal tax information; and providing for                                                           
an effective date." Signing do pass: Senators Hoffman, MacKinnon,                                                               
Cochairs; Senators Bishop, von Imhof, Stevens, Micciche. Signing no                                                             
recommendation: Senator Olson.                                                                                                  
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 12, zero, Office of the Governor                                                                           
     Fiscal Note No. 13, Department of Revenue                                                                                  
     Fiscal Note No. 14, Department of Revenue                                                                                  
                                                                                                                                
The following previously published fiscal information applies:                                                                  
          Fiscal Note No. 8, zero, Department of Labor and Workforce                                                           
      Development                                                                                                               
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 299                                                                                                                        
The Finance Committee considered CS FOR HOUSE BILL                                                                              
NO. 299(FIN) "An Act relating to the authority of the director of the                                                           
Alcoholic Beverage Control Board; extending the termination date of                                                             
the Alcoholic Beverage Control Board; relating to the application of                                                            
precedent to decisions of the Alcoholic Beverage Control Board; and                                                             
providing for an effective date" and recommended it be replaced with                                                            
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 299(FIN)                                                                                
    "An Act relating to terms of office for members of the                                                                      
    Alcoholic Beverage Control Board; relating to the authority                                                                 
    of the director of the Alcoholic Beverage Control Board;                                                                    

2018-05-02                     Senate Journal                      Page 2930
    extending the termination date of the Alcoholic Beverage                                                                    
    Control Board; relating to the application of precedent to                                                                  
    decisions of the Alcoholic Beverage Control Board; and                                                                      
    providing for an effective date." (Title Change SCR 27)                                                                     
                                                                                                                                
Signing do pass: Senators Hoffman, MacKinnon, Cochairs; Senators                                                                
Bishop, von Imhof, Stevens, Micciche. Signing no recommendation:                                                                
Senator Olson.                                                                                                                  
                                                                                                                                
The following previously published fiscal information applies:                                                                  
           Fiscal Note No. 2, Department of Commerce, Community and                                                            
      Economic Development                                                                                                      
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
                          Special Committee Reports                                                                          
                                                                                                                                
SB 26                                                                                                                         
                                                                 May 2, 2018                                                    
                                                                                                                                
Mr. President:                                                                                                                  
Mr. Speaker:                                                                                                                    
                                                                                                                                
The Conference Committee considering:                                                                                           
                                                                                                                                
CS FOR SENATE BILL NO. 26(FIN) "An Act relating to an                                                                           
appropriation limit; relating to the budget responsibilities of the                                                             
governor; relating to the Alaska permanent fund, the earnings of the                                                            
Alaska permanent fund, and the earnings reserve account; relating to                                                            
the mental health trust fund; relating to deposits into the dividend                                                            
fund; relating to the calculation and payment of permanent fund                                                                 
dividends; and providing for an effective date."                                                                                
                                                                                                                                
and                                                                                                                             
                                                                                                                                
HOUSE CS FOR CS FOR SENATE BILL NO. 26(FIN)(efd fld H)                                                                          
"An Act relating to an appropriation limit; relating to the budget                                                              
responsibilities of the governor; relating to the Alaska permanent fund,                                                        
the earnings of the Alaska permanent fund, and the earnings reserve                                                             

2018-05-02                     Senate Journal                      Page 2931
account; relating to the mental health trust fund; relating to deposits                                                         
into the dividend fund; and relating to the calculation and payment of                                                          
permanent fund dividends."                                                                                                      
                                                                                                                                
respectfully requests limited powers of free conference on sections 1,                                                          
8, 9, 12, 13, 21, and 22 in the Senate version and sections 6, 8, 9, 12,                                                        
and 15 of the House version of SB 26.                                                                                           
                                                                                                                                
Signing the report: Senators Hoffman, Egan; Representative Foster,                                                              
Chair, Representatives Seaton, Millett (alternate).                                                                             
                                                                                                                                
President Kelly granted the Senate members limited powers of free                                                               
conference as requested.                                                                                                        
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                                                                                                                                
                        Introduction and Reference of                                                                        
                              Senate Resolutions                                                                             
                                                                                                                                
SCR 25                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 25 BY THE                                                                                      
SENATE RULES COMMITTEE,                                                                                                         
                                                                                                                                
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning House Bill No. 20, relating to marriage                                                                    
          solemnization; and authorizing elected public                                                                         
          officials in the state to solemnize marriages.                                                                        
                                                                                                                                
was read the first time and held on the Secretary's desk.                                                                       
                                                                                                                                
SCR 26                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 26 was not                                                                                     
introduced.                                                                                                                     
                                                                                                                                
                                                                                                                                
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2932
SCR 27                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 27 BY THE                                                                                      
SENATE FINANCE COMMITTEE,                                                                                                       
                                                                                                                                
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform                                                                      
     Rules of the Alaska State Legislature, concerning House Bill                                                               
     No. 299, relating to the authority of the director of the                                                                  
     Alcoholic Beverage Control Board; extending the                                                                            
     termination date of the Alcoholic Beverage Control Board;                                                                  
     and relating to the application of precedent to decisions of                                                               
     the Alcoholic Beverage Control Board.                                                                                      
                                                                                                                                
was read the first time and held on the Secretary's desk.                                                                       
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 3                                                                                                                          
CS FOR HOUSE BILL NO. 3(MLV) "An Act relating to the                                                                            
employment rights of employees in the state who are members of the                                                              
National Guard of another state, territory, or district of the United                                                           
States" was read the second time.                                                                                               
                                                                                                                                
Updated fiscal information was published today:                                                                                 
 Fiscal Note No. 3, zero, Department of Labor and Workforce                                                                     
  Development                                                                                                                   
 Fiscal Note No. 4, zero, Department of Military and Veterans                                                                   
  Affairs                                                                                                                       
                                                                                                                                
Senator Meyer, Chair, moved and asked unanimous consent for the                                                                 
adoption of the State Affairs Senate Committee Substitute offered on                                                            
page 660. Senator Gardner objected, then withdrew her objection.                                                                
There being no further objection, SENATE CS FOR CS FOR HOUSE                                                                    
BILL NO. 3(STA) was adopted.                                                                                                    
                                                                                                                                
Senator Micciche moved and asked unanimous consent the bill be                                                                  
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2933
SENATE CS FOR CS FOR HOUSE BILL NO. 3(STA) was read the                                                                         
third time.                                                                                                                     
                                                                                                                                
Senators Costello, Shower, von Imhof, Stevens, Micciche, Bishop,                                                                
Hughes, Meyer, Egan, Kelly moved and asked unanimous consent to                                                                 
be shown as cross sponsors on the bill. Without objection, it was so                                                            
ordered.                                                                                                                        
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 3(STA) "An Act relating to the employment rights of employees                                                               
in the state who are members of the National Guard of another state,                                                            
territory, or district of the United States" pass the Senate?" The roll                                                         
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 3(STA)                                                                                                                 
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel,                                                               
Hoffman, Hughes, Kelly, Meyer, Micciche, Olson, Shower, Stedman,                                                                
Stevens, von Imhof, Wielechowski, Wilson                                                                                        
                                                                                                                                
Excused:  MacKinnon                                                                                                             
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 3(STA)                                                                              
passed the Senate and was referred to the Secretary for engrossment.                                                            
                                                                                                                                
HB 20                                                                                                                         
CS FOR HOUSE BILL NO. 20(JUD) "An Act relating to marriage                                                                      
solemnization; and authorizing elected public officials in the state to                                                         
solemnize marriages" was read the second time.                                                                                  
                                                                                                                                
Senator Wilson offered Amendment No. 1:                                                                                         
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to the Legislative Ethics Act;"                                                                         
                                                                                                                                
Page 1, following line 3:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Section 1. AS 24.60.030(a) is amended to read:                                                                             
          (a)  A legislator or legislative employee may not                                                                     

2018-05-02                     Senate Journal                      Page 2934
              (1)  solicit, agree to accept, or accept a benefit other than                                                     
     official compensation for the performance of public duties; this                                                           
     paragraph may not be construed to prohibit                                                                                 
                   (A)  lawful solicitation for and acceptance of                                                           
          campaign contributions;                                                                                           
                   (B)  [,] solicitation or acceptance of contributions for                                                 
            a charity event, as defined in AS 24.60.080(a)(2)(B);                                                          
                   (C)  [, OR] the acceptance of a gift under                                                               
          AS 24.60.075 or 24.60.080; or                                                                                     
                   (D)  a legislator from accepting a benefit in                                                            
          exchange for solemnizing a marriage under                                                                         
          AS 25.05.261(a)(4);                                                                                               
              (2)  use public funds, facilities, equipment, services, or                                                        
     another government asset or resource for a nonlegislative purpose,                                                         
     for involvement in or support of or opposition to partisan political                                                       
     activity, or for the private benefit of the legislator, legislative                                                        
        employee, or another person; this paragraph does not prohibit                                                          
                   (A)  limited use of state property and resources for                                                         
          personal purposes if the use does not interfere with the                                                              
          performance of public duties and either the cost or value                                                             
          related to the use is nominal or the legislator or legislative                                                        
            employee reimburses the state for the cost of the use;                                                             
                   (B)  the use of mailing lists, computer data, or other                                                       
          information lawfully obtained from a government agency and                                                            
          available to the general public for nonlegislative purposes;                                                          
                   (C)  the legislative council, notwithstanding                                                                
          AS 24.05.190, from designating a public facility for use by                                                           
          legislators and legislative employees for health or fitness                                                           
          purposes; when the council designates a facility to be used by                                                        
          legislators and legislative employees for health or fitness                                                           
          purposes, it shall adopt guidelines governing access to and use                                                       
          of the facility; the guidelines may establish times in which use                                                      
          of the facility is limited to specific groups;                                                                        
                   (D)  a legislator from using the legislator's private                                                        
          office in the capital city during a legislative session, and for                                                      
          the 10 days immediately before and the 10 days immediately                                                            
          after a legislative session, for nonlegislative purposes if the                                                       
          use does not interfere with the performance of public duties                                                          
          and if there is no cost to the state for the use of the space and                                                     
          equipment, other than utility costs and minimal wear and tear,                                                        

2018-05-02                     Senate Journal                      Page 2935
          or the legislator promptly reimburses the state for the cost; an                                                      
          office is considered a legislator's private office under this                                                         
          subparagraph if it is the primary space in the capital city                                                           
          reserved for use by the legislator, whether or not it is shared                                                       
          with others;                                                                                                          
                   (E)  a legislator from use of legislative employees to                                                       
          prepare and send out seasonal greeting cards;                                                                         
                   (F)  a legislator from using state resources to                                                              
          transport computers or other office equipment owned by the                                                            
          legislator but primarily used for a state function;                                                                   
                   (G)  use by a legislator of photographs of that                                                              
          legislator;                                                                                                           
                   (H)  reasonable use of the Internet by a legislator or a                                                     
          legislative employee except if the use is for election campaign                                                       
          purposes;                                                                                                             
                   (I)  a legislator or legislative employee from                                                               
          soliciting, accepting, or receiving a gift on behalf of a                                                             
          recognized, nonpolitical charitable organization in a state                                                           
          facility;                                                                                                             
                   (J)  a legislator from sending any communication in                                                          
          the form of a newsletter to the legislator's constituents, except                                                     
          a communication expressly advocating the election or defeat                                                           
          of a candidate or a newsletter or material in a newsletter that                                                       
          is clearly only for the private benefit of a legislator or a                                                          
          legislative employee; or                                                                                              
                   (K)  full participation in a charity event approved in                                                       
          advance by the Alaska Legislative Council;                                                                            
              (3)  knowingly seek, accept, use, allocate, grant, or award                                                       
     public funds for a purpose other than that approved by law, or                                                             
     make a false statement in connection with a claim, request, or                                                             
     application for compensation, reimbursement, or travel allowances                                                          
     from public funds;                                                                                                         
              (4)  require a legislative employee to perform services for                                                       
     the private benefit of the legislator or employee at any time, or                                                          
     allow a legislative employee to perform services for the private                                                           
     benefit of a legislator or employee on government time; it is not a                                                        
     violation of this paragraph if the services were performed in an                                                           
     unusual or infrequent situation and the person's services were                                                             
     reasonably necessary to permit the legislator or legislative                                                               
     employee to perform official duties;                                                                                       

2018-05-02                     Senate Journal                      Page 2936
              (5)  use or authorize the use of state funds, facilities,                                                         
     equipment, services, or another government asset or resource for                                                           
     the purpose of political fund raising or campaigning; this                                                                 
     paragraph does not prohibit                                                                                                
                   (A)  limited use of state property and resources for                                                         
          personal purposes if the use does not interfere with the                                                              
          performance of public duties and either the cost or value                                                             
          related to the use is nominal or the legislator or legislative                                                        
            employee reimburses the state for the cost of the use;                                                             
                   (B)  the use of mailing lists, computer data, or other                                                       
          information lawfully obtained from a government agency and                                                            
          available to the general public for nonlegislative purposes;                                                          
                   (C)  storing or maintaining, consistent with (b) of this                                                     
          section, election campaign records in a legislator's office;                                                          
                   (D)  a legislator from using the legislator's private                                                        
          office in the capital city during a legislative session, and for                                                      
          the 10 days immediately before and the 10 days immediately                                                            
          after a legislative session, for nonlegislative purposes if the                                                       
          use does not interfere with the performance of public duties                                                          
          and if there is no cost to the state for the use of the space and                                                     
          equipment, other than utility costs and minimal wear and tear,                                                        
          or the legislator promptly reimburses the state for the cost; an                                                      
          office is considered a legislator's private office under this                                                         
          subparagraph if it is the primary space in the capital city                                                           
          reserved for use by the legislator, whether or not it is shared                                                       
          with others; or                                                                                                       
                   (E)  use by a legislator of photographs of that                                                              
          legislator."                                                                                                          
                                                                                                                                
Page 1, line 4:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Senator Wilson moved for the adoption of Amendment No. 1. Senator                                                               
Micciche objected.                                                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2937
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 20(JUD)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1?                                                                                                                
                                                                                                                                
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Costello, Hoffman, Kelly, Olson, Shower, Stedman, Stevens,                                                               
Wilson                                                                                                                          
                                                                                                                                
Nays:  Begich, Bishop, Coghill, Egan, Gardner, Giessel, Hughes,                                                                 
Meyer, Micciche, von Imhof, Wielechowski                                                                                        
                                                                                                                                
Excused:  MacKinnon                                                                                                             
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
Senator Micciche moved and asked unanimous consent the bill be                                                                  
advanced to third reading and placed on final passage. Without                                                                  
objection, it was so ordered.                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 20(JUD) was read the third time.                                                                          
                                                                                                                                
The question being: "Shall CS FOR HOUSE BILL NO. 20(JUD) "An                                                                    
Act relating to marriage solemnization; and authorizing elected public                                                          
officials in the state to solemnize marriages" pass the Senate?" The roll                                                       
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 20(JUD)                                                                                                                    
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel,                                                               
Hoffman, Kelly, Meyer, Micciche, Olson, Stedman, Stevens,                                                                       
von Imhof, Wielechowski, Wilson                                                                                                 
                                                                                                                                
Nays:  Hughes, Shower                                                                                                           
                                                                                                                                
Excused:  MacKinnon                                                                                                             
                                                                                                                                
and so, CS FOR HOUSE BILL NO. 20(JUD) passed the Senate, was                                                                    
signed by the President and Secretary and returned to the House.                                                                
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2938
HB 278                                                                                                                        
HOUSE BILL NO. 278 "An Act extending the termination date of the                                                                
Board of Certified Real Estate Appraisers; and providing for an                                                                 
effective date" was read the second time.                                                                                       
                                                                                                                                
Senator Micciche moved and asked unanimous consent the bill be                                                                  
advanced to third reading and placed on final passage. Without                                                                  
objection, it was so ordered.                                                                                                   
                                                                                                                                
HOUSE BILL NO. 278 was read the third time.                                                                                     
                                                                                                                                
The question being: "Shall HOUSE BILL NO. 278 "An Act extending                                                                 
the termination date of the Board of Certified Real Estate Appraisers;                                                          
and providing for an effective date" pass the Senate?" The roll was                                                             
taken with the following result:                                                                                                
                                                                                                                                
HB 278                                                                                                                          
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel,                                                               
Hoffman, Hughes, Kelly, Meyer, Micciche, Olson, Shower, Stedman,                                                                
Stevens, von Imhof, Wielechowski, Wilson                                                                                        
                                                                                                                                
Excused:  MacKinnon                                                                                                             
                                                                                                                                
and so, HOUSE BILL NO. 278 passed the Senate.                                                                                   
                                                                                                                                
Senator Micciche moved and asked unanimous consent the vote on the                                                              
passage of the bill be considered the vote on the effective date clause.                                                        
Without objection, it was so ordered and the bill was signed by the                                                             
President and Secretary and returned to the House.                                                                              
                                                                                                                                
HB 354                                                                                                                        
HOUSE BILL NO. 354 "An Act relating to dive fishery management                                                                  
assessment procedures" was read the second time.                                                                                
                                                                                                                                
Senator Micciche moved and asked unanimous consent the bill be                                                                  
advanced to third reading and placed on final passage. Without                                                                  
objection, it was so ordered.                                                                                                   

2018-05-02                     Senate Journal                      Page 2939
HOUSE BILL NO. 354 was read the third time.                                                                                     
                                                                                                                                
The question being: "Shall HOUSE BILL NO. 354 "An Act relating to                                                               
dive fishery management assessment procedures" pass the Senate?"                                                                
The roll was taken with the following result:                                                                                   
                                                                                                                                
HB 354                                                                                                                          
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel,                                                               
Hoffman, Hughes, Kelly, Meyer, Micciche, Olson, Shower, Stedman,                                                                
Stevens, von Imhof, Wielechowski, Wilson                                                                                        
                                                                                                                                
Excused:  MacKinnon                                                                                                             
                                                                                                                                
and so, HOUSE BILL NO. 354 passed the Senate, was signed by the                                                                 
President and Secretary and returned to the House.                                                                              
                                                                                                                                
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Honoring - Lea Bouton                                                                                                           
Representative(s) Grenn                                                                                                         
Senator(s) Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner,                                                             
Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson,                                                                    
Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson                                                                       
                                                                                                                                
Senator Micciche moved and asked unanimous consent the citation be                                                              
adopted. Without objection, the citation was adopted and referred to                                                            
the Secretary for transmittal.                                                                                                  
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
SB 26                                                                                                                         
President Kelly made the following appointment:                                                                                 
                                                                                                                                
Conference Committee on SB 26                                                                                                 
Senator Micciche, Alternate                                                                                                     
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2940
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Engrossment                                                                                 
                                                                                                                                
HB 3                                                                                                                          
SENATE CS FOR CS FOR HOUSE BILL NO. 3(STA) "An Act                                                                              
relating to the employment rights of employees in the state who are                                                             
members of the National Guard of another state, territory, or district of                                                       
the United States" was engrossed, signed by the President and                                                                   
Secretary and returned to the House for consideration.                                                                          
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Micciche moved and asked unanimous consent the Senate                                                                   
stand in adjournment until 11:00 a.m., May 3, 2018. Without                                                                     
objection, the Senate adjourned at 12:07 p.m.                                                                                   
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2018-05-02                     Senate Journal                      Page 2941
                                Announcements                                                                                
                                                                                                                                
Americans with Disabilities Act Notice - Persons with disabilities who require                                                  
special accommodation or alternative communication formats to access                                                            
committee meetings may contact the appropriate committee office or the                                                          
Legislative Information Office in their community. Reasonable advance                                                           
notice is needed to accommodate the request. For further information, call the                                                  
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                                                                                                                                
                             STANDING COMMITTEES                                                                             
+ indicates teleconference                                                                                                      
= indicates bill previously heard/scheduled                                                                                     
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
May 02        Wednesday                 Senate Finance 532            9:30 AM                                                 
+= SB 193 MED. ASSISTANCE WORK REQUIREMENT                                                                                      
+= HB 135 SCHOOL CONSTRUCTION GRANT PROGRAM                                                                                     
+= HB 346 DENTIST: TEMPORARY PERMIT                                                                                             
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
May 02        Wednesday                 Senate Finance 532            1:30 PM                                                 
+ HB 409 VEHICLES;ID CARD,REGISTRAT.,LICENSE FEES;                                                                              
+             Bills Previously Heard/Scheduled                                                                                  
+= HB 135 SCHOOL CONSTRUCTION GRANT PROGRAM                                                                                     
              Bill Rescheduled from 9:30 a.m.                                                                                   
+= HB 346 DENTIST: TEMPORARY PERMIT                                                                                             
              Bill Rescheduled from 9:30 a.m.                                                                                   
                                                                                                                                
May 03        Thursday                  Senate Finance 532            2:30 PM                                                 
+= HB 106 CIVIL LEGAL SERVICES FUND                                                                                             
+= HB  76 MARICULTURE REVOLVING LOAN FUND                                                                                       
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
May 02        Wednesday                       Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
May 04        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              

2018-05-02                     Senate Journal                      Page 2942
                                STATE AFFAIRS                                                                                
                                                                                                                                
May 03        Thursday                        Butrovich 205           3:30 PM                                                 
+             Division of Elections Presentation on Election                                                                    
              Technology                                                                                                        
                   ----------------------------------------                                                                    
                                                                                                                                
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                        CONFERENCE COMMITTEE ON SB 26                                                                        
                                                                                                                                
May 02        Wednesday                 Senate Finance 532          10:30 AM                                                  
+= SB  26 APPROP LIMIT & PER FUND:DIVIDEND;EARNINGS                                                                             
                                                                                                                                
May 02        Wednesday                 Senate Finance 532            1:30 PM                                                 
+= SB  26 APPROP LIMIT & PER FUND:DIVIDEND;EARNINGS